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Mistrial declared in Caleb Loving arson/pipe bomb trial

Questions about the accuracy of a court-appointed psychologist's evaluation led to a mistrial Wednesday morning during the third day of the trial of a man accused of setting fire to his Evansville apartment, and then toting a bag of explosives to...

Mistrial declared in Caleb Loving arson/pipe bomb trial

Questions about the accuracy of a court-appointed psychologist's evaluation led to a mistrial Wednesday morning during the third day of the trial of a man accused of setting fire to his Evansville apartment, and then toting a bag of explosives to a nearby fast-food restaurant.

The psychologist whose report was in question, Albert Fink, of Bloomington, Indiana, intentionally drove his car into a tree early Tuesday afternoon, and was taken to a hospital with cuts on his arms, according to an Indiana State Police report.

His report was one of two used to determine that Caleb Loving, 26, was competent to stand trial.

Loving's defense has hinged on an argument that he should be found not guilty by reason of mental disease or defect on felony charges of possession of a destructive device or explosive; arson; criminal recklessness; and false informing, a misdemeanor.

He is accused of starting an early-morning fire at Sugar Mill Creek Townhomes on North Green River Road on July 23, 2015 and then entering a nearby McDonald's several hours later where he was arrested without incident.

According to court records, Vanderburgh Circuit Court Magistrate Kelli Fink granted the mistrial after learning Albert Fink (no relation to the judge) had been in a car wreck and was unavailable to testify — as well as due to questions about 'the accuracy of the report Fink filed with the court.'

The mistrial was the result of a joint motion from defense and prosecution. Both sides met with Magistrate Fink for almost an hour before court was convened and a mistrial declared.

Attorneys and court officials declined to discuss the concerns about Fink's report.

Fink's address is listed as Bloomington, Indiana, in state licensing records. However, he has operated offices in Evansville and Vincennes, Indiana. A phone number associated with his Evansville office has been disconnected and the doors of that office — which has his name on the door —were locked Wednesday morning.

A message left for Fink at his Bloomington residence seeking comment was not immediately returned Wednesday.

Fink and another psychologist, David Cerling of Evansville, were appointed on Sept. 21, 2015 to evaluate Loving. Fink's report was completed and filed in two weeks.

Cerling, took more than a month to prepare and file his report. He testified in court Monday that he reviewed Loving's records and interviewed and tested him before making a report.

Fink, 83, has been licensed to practice psychology in Indiana since 1973, according to state records. And this is not the first controversy in which Fink has been embroiled.

A May 1996 Indianapolis Star article reported Fink, then an Indiana University professor, withdrew his bid to renew his contract to direct mental health services for the Indiana State Penal Farm prison amid allegations of bid rigging, ghost employment and an investigation by state police.

Although Fink was absolved of criminal wrongdoing, his contract as a state prison psychologist was rescinded, the Indianapolis Star reported.

Also in 1996, the Indiana State Psychology Board voted not to pursue disciplinary action against Fink based on earlier allegations against him in Kentucky that resulted in the surrender of his license.

The Indiana board found that Fink did not violate any Indiana laws or regulation, and noted the American Psychological Association also found no wrongdoing by Fink in the Kentucky case.

In 1993, according to Indiana State Psychology Board records, Fink surrendered his license to practice in Kentucky — without admitting any wrongs— and agreed to never apply for one there again, after an investigation by the Kentucky board of Examiners of Psychologists into allegations he had been incompetent or negligent, and divulged confidential information. The investigation there began after he was found not guilty of criminal battery against a child charges in Lincoln County, Kentucky.